EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1548*
HOUSE BILL 1548
K3, P4, L6 5lr3625
SB 214/23 – FIN
By: Delegate Conaway
Introduced and read first time: February 25, 2025
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Employment – Harassment and Intimidation – Reporting 2
FOR the purpose of establishing requirements related to the reporting of incidents of 3
employee harassment and intimidation, including provisions regarding the reporting 4
of incidents by employees to employers, the reporting of incidents by employers to 5
the Commissioner of Labor and Industry, the creation of a reporting form, and the 6
establishment of an electronic tip program; establishing that certain information 7
shared in the reporting of incidents of employee harassment or intimidation is 8
confidential; and generally relating to harassment and intimidation in employment. 9
BY repealing and reenacting, without amendments, 10
Article – Labor and Employment 11
Section 5–101(a) through (d) and (h) 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Labor and Employment 16
Section 5–801 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Labor and Employment 21
Section 5–1301 through 5–1305 to be under the new subtitle “Subtitle 13. Workplace 22
Psychological Safety” 23
Annotated Code of Maryland 24
(2016 Replacement Volume and 2024 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 HOUSE BILL 1548
Article – Labor and Employment 1
5–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Commissioner” means the Commissioner of Labor and Industry. 4
(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 5
individual whom an employer employs, for a wage or other compensation, in the business 6
of the employer. 7
(2) “Employee” includes: 8
(i) an individual whom a governmental unit employs; 9
(ii) an individual who is licensed as a taxicab driver and leases or 10
rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 11
(iii) an individual who is employed for part–time or temporary help 12
by a governmental unit or person who engages in a business that directly employs 13
individuals to provide part–time or temporary help to another governmental unit or person; 14
and 15
(iv) an individual who performs work for a governmental unit or 16
person to whom the individual is provided by another governmental unit or person who 17
engages in a business that directly employs individuals to provide part–time or temporary 18
help. 19
(d) (1) “Employer” means: 20
(i) except as provided in § 5–401 of this title, a person who is 21
engaged in commerce, industry, trade, or other business in the State and employs at least 22
one employee in that business; or 23
(ii) a public body. 24
(2) “Employer” includes: 25
(i) a person who operates or owns a taxicab business in Baltimore 26
City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 27
public; 28
(ii) a governmental unit or person who engages in a business that 29
directly employs individuals to provide part–time or temporary help to another 30
governmental unit or person; and 31 HOUSE BILL 1548 3
(iii) a governmental unit or person who contracts directly with 1
another governmental unit or person who engages in a business that directly employs 2
individuals to provide part–time or temporary help to another governmental unit or person. 3
(h) “Public body” means: 4
(1) a governmental unit; 5
(2) a public or quasi–public corporation of the State; 6
(3) a school district in the State or any unit of the district; or 7
(4) a special district in the State or any unit of the district. 8
5–801. 9
The penalties in this subtitle do not apply to: 10
(1) a public body; OR 11
(2) A VIOLATION OF SUBTITLE 13 OF THIS TITLE. 12
SUBTITLE 13. WORKPLACE PSYCHOLOGICAL SAFETY. 13
5–1301. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “ELECTRONIC COMMUNICAT ION” MEANS A COMMUNICATIO N 17
TRANSMITTED BY MEANS OF AN ELECTRONIC DEV ICE, INCLUDING A TELEPHON E, 18
CELLULAR PHONE , COMPUTER , OR PAGER. 19
(C) (1) “HARASSMENT OR INTIMID ATION” MEANS INTENTIONAL 20
CONDUCT, INCLUDING ORAL , PHYSICAL, OR WRITTEN CONDUCT O R INTENTIONAL 21
ELECTRONIC COMMUNICA TION THAT CREATES A HOSTILE WORK ENVIRON MENT BY 22
SUBSTANTIALLY INTERF ERING WITH AN EMPLOY EE’S BENEFITS, OPPORTUNITIES , 23
OR PERFORMANCE , OR WITH AN EMPLOYEE ’S PSYCHOLOGICAL WELL –BEING AND IS: 24
(I) MOTIVATED BY AN ACTU AL OR PERCEIVED 25
CHARACTERISTIC OF AN EMPLOYEE, INCLUDING RA CE, NATIONAL ORIGIN , MARITAL 26
STATUS, SEX, SEXUAL ORIENTATION , GENDER IDENTITY , RELIGION, ANCESTRY, 27
PHYSICAL ATTRIBUTES , SOCIOECONOMIC STATUS , OR PHYSICAL OR MENTA L 28
ABILITY OR DISABILIT Y; AND 29 4 HOUSE BILL 1548
(II) THREATENING OR SERIO USLY INTIMIDATING . 1
(2) “HARASSMEN T OR INTIMIDATION ” INCLUDES: 2
(I) THE HIRING OF INCOMP ETENT SUBORDINATES ; 3
(II) THE ASSIGNMENT OF UN SUITABLE, INAPPROPRIATE , OR 4
OFFENSIVE TASKS ; 5
(III) THE ASSIGNMENT OF AN EXCESSIVE WORKLOAD ; 6
(IV) THE SABOTAGE OF AN E MPLOYEE’S WORK; 7
(V) THE PUBLIC DISCIPLIN ING OR REPRIMANDING OF AN 8
EMPLOYEE IN A MANNER THAT CAN BE SEEN OR HEARD BY AN EMPLOYEE ’S 9
COLLEAGUES , CUSTOMERS , OR CLIENTS; AND 10
(VI) THE TAKING OF CREDIT FOR ANOTHER EMPLOYEE ’S WORK. 11
(D) “TIP PROGRAM” MEANS THE ELECTRONIC TIP PROGRAM CREATED BY 12
THE COMMISSIONER UNDER § 5–1303(A) OF THIS SUBTITLE. 13
(E) “VICTIM OF HARASSMENT OR INTIMIDATION REPO RTING FORM” MEANS 14
THE FORM CREATED BY THE COMMISSIONER UNDER § 5–1302(D) OF THIS SUBTITLE. 15
5–1302. 16
(A) AN EMPLOYEE WHO WITNE SSES OR OTHERWISE HAS KNOWLEDGE OF AN 17
INCIDENT OF HARASSME NT OR INTIMIDATION S HALL REPORT THE INCI DENT: 18
(1) TO THE EMPLOYER IN AC CORDANCE WITH THE RE PORTING 19
PROCEDURES ESTABLISH ED BY THE EMPLOYER ; 20
(2) TO THE COMMISSIONER USING TH E VICTIM OF HARASSME NT OR 21
INTIMIDATION REPORTI NG FORM; OR 22
(3) THROUGH THE TIP PROGR AM. 23
(B) IF AN EMPLOYER RECEIV ES A REPORT OF AN IN CIDENT OF HARASSMENT 24
OR INTIMIDATION , THE EMPLOYER SHALL REPORT THE INC IDENT TO THE 25
COMMISSIONER USING TH E VICTIM OF HARASSME NT OR INTIMIDATION R EPORTING 26
FORM. 27 HOUSE BILL 1548 5
(C) THE FOLLOWING PERSONS MAY REPORT AN INCIDE NT OF HARASSMENT 1
OR INTIMIDATION TO T HE COMMISSIONER OR THE E MPLOYER OF THE VICTI M USING 2
THE VICTIM OF HARASS MENT OR INTIMIDATION REPORTING FORM : 3
(1) THE EMPLOYEE AGAINST WHOM THE HARASSMENT OR 4
INTIMIDATION WAS COM MITTED; 5
(2) ANOTHER EMPLOYEE WHO WITNESSED THE HARASS MENT OR 6
INTIMIDATION; OR 7
(3) ANY OTHER PERSON WHO HAS KNOWLEDGE OF THE HARASSMENT 8
OR INTIMIDATION . 9
(D) (1) THE COMMISSIONER SHALL CR EATE A STANDARD VICT IM OF 10
HARASSMENT OR INTIMIDATION REPORTI NG FORM. 11
(2) THE VICTIM OF HARASSM ENT OR INTIMIDATION REPORTING 12
FORM SHALL ALLOW FOR THE INCLUSION OF : 13
(I) THE IDENTITY OF THE VICTIM AND, IF KNOWN, THE 14
ALLEGED PERPETRATOR ; 15
(II) AN INDICATION OF THE EMPLOYMENT POSITION OF THE 16
VICTIM AND, IF KNOWN, THE ALLEGED PERPETRA TOR; 17
(III) A DESCRIPTION OF THE HARASSMENT OR INTIMI DATION 18
ALLEGED TO HAVE BEEN COMMITTED , INCLUDING ANY RELEVA NT STATEMENTS 19
MADE BY THE ALLEGED PERPETRATOR OR ONGOI NG PATTERNS OF HARAS SMENT OR 20
INTIMIDATION; 21
(IV) AN INDICATION OF THE LOCATION WHERE THE 22
HARASSMENT OR INTIMI DATION IS ALLEGED TO HAVE BEEN COMMITTED ; 23
(V) THE DESCRIPTION OF ANY NEGATIVE PSYC HOLOGICAL 24
EFFECTS NOTED BY THE PERSON SUBMITTING TH E FORM DUE TO THE AL LEGED 25
HARASSMENT OR INTIMI DATION, INCLUDING POSSIBLY R ELATED PHYSICAL 26
EFFECTS; 27
(VI) THE DESCRIPTION OF ANY REQUEST FOR P SYCHOLOGICAL 28
SERVICES INITIATED B Y THE V ICTIM OF THE ALLEGED HARASSMENT OR 29
INTIMIDATION OR THE VICTIM’S FAMILY, IF KNOWN; AND 30
6 HOUSE BILL 1548
(VII) INSTRUCTIONS ON HOW TO FILL OUT AND SUBM IT THE 1
FORM. 2
(3) EACH EMPLOYER SHALL P OST IN A PLACE ACCES SIBLE TO ALL 3
EMPLOYEES NOTICE OF THE AVAILABILITY AND PURPOSE OF THE VICTIM OF 4
HARASSMENT OR INTIMI DATION REPORTING FOR M. 5
5–1303. 6
(A) THE COMMISSIONER SHALL ESTABLISH AN ANONYMO US ELECTRONIC 7
TIP PROGRAM THAT ALL OWS EMPLOYEES AND OT HER PERSONS TO REPOR T 8
INCIDENTS OF ALLEGED HARASSMENT OR INTIMI DATION. 9
(B) EACH EMPLOYER SHALL POST IN A PLACE ACCESSIBL E TO ALL 10
EMPLOYEES INFORMATIO N REGARDING THE TIP PROGRAM, INCLUDING HOW AN 11
EMPLOYEE MAY USE THE TIP PROGRAM . 12
(C) ON RECEIPT OF A REPOR T OF ALLEGED HARASSM ENT OR INTIMIDATION 13
THROUGH THE TIP PROG RAM, THE RECIPIENT OF THE REPORT OR THE RECIPIENT’S 14
DESIGNEE SHALL : 15
(1) COMPLETE A VICTIM OF HARASSMENT OR INTIMI DATION 16
REPORTING FORM ; AND 17
(2) INCLUDE A TRANSCRIPT OF ANY RELEVANT COMM UNICATION 18
RECEIVED THROUGH THE ANONYMOUS ELECTRONIC TIP PROGRAM WITH THE 19
VICTIM OF HARASSMENT OR INTIMID ATION REPORTING FORM . 20
(D) THE GOVERNOR MAY INCLUDE FUNDING IN THE STATE BUDGET TO 21
PROVIDE GRANTS TO TH E MARYLAND DEPARTMENT OF LABOR FOR THE 22
ESTABLISHMENT OF THE TIP PROGRAM . 23
5–1304. 24
(A) THE INFORMATION CONTA INED IN A VICTIM OF HARASSMENT OR 25
INTIMIDATION REPORTI NG FORM OR RECEIVED THROUGH THE TIP PROG RAM IS 26
CONFIDENTIAL AND MAY NOT BE DISCLOSED EXC EPT BY ORDER OF A CO URT. 27
(B) AN EMPLOYER MAY NOT T AKE RETALIATORY ACTI ON AGAINST AN 28
EMPLOYEE FOR : 29
(1) REPORTING AN INCIDEN T OF HARASSMENT OR INTIMIDA TION 30
USING THE REPORTING PROCEDURES ESTABLISH ED BY THE EMPLOYER ; 31 HOUSE BILL 1548 7
(2) SUBMITTING A VICTIM OF HARASSMENT OR INT IMIDATION 1
REPORTING FORM ; OR 2
(3) SUBMITTING A TIP THROUGH THE TI P PROGRAM. 3
5–1305. 4
(A) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2026, 5
THE COMMISSIONER SHALL SU BMIT A REPORT TO THE SENATE FINANCE 6
COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 7
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 8
ARTICLE, THAT SUMMARIZES THE INFORMATION INCL UDED IN THE VICTIM O F 9
HARASSMENT OR INTIMI DATION REPORTING FOR MS SUBMITTED TO THE 10
COMMISSIONER DURING T HE IMMEDIATELY PRECE DING YEAR. 11
(2) THE REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL INC LUDE, TO THE EXTENT FEASIB LE: 13
(I) A DESCR IPTION OF THE TYPES OF HARASSMENT OR 14
INTIMIDATION REPORTE D; 15
(II) THE POSITIONS HELD B Y VICTIMS AND THE AL LEGED 16
PERPETRATORS ; 17
(III) A DESCRIPTION OF COR RECTIVE ACTIONS TAKE N BY THE 18
EMPLOYER OR THE COMMISSIONER AFTER RE CEIPT OF THE VICTIM OF 19
HARASSME NT OR INTIMIDATION R EPORTING FORMS ; AND 20
(IV) THE NUMBER OF UNSUBS TANTIATED ALLEGATION S 21
REPORTED. 22
(B) THE COMMISSIONER SHALL AD OPT REGULATIONS TO I MPLEMENT THIS 23
SUBTITLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That the Commissioner of Labor 25
and Industry shall adopt the regulations required under § 5–1305 of the Labor and 26
Employment Article, as enacted by Section 1 of this Act, on or before January 1, 2026. 27
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2025. 29